Bankruptcy · Means Test
The Florida Means Test
One calculation decides whether you can wipe out your debts with Chapter 7. Here it is — explained in plain English, with the official 2026 numbers.
- annual limit — 1-person household
- $69,876 annual limit — 1-person household
- for each additional person
- +$11,100 for each additional person
- to check with our calculator
- 2 min to check with our calculator
In Plain English
If your household income is below the Florida median for your household size, you pass. If it's above, your real-life expenses can still qualify you.
The means test was added to the Bankruptcy Code in 2005 to steer Chapter 7 — the chapter that wipes out most unsecured debt in a matter of months — to the people who truly need it. Everyone who files completes Official Form 122A-1. Despite the intimidating name, the first step is simple arithmetic.
Official 2026 Limits
Florida Income Limits for Chapter 7
Cases filed on or after July 15, 2026
1 Person
$69,876
annual household income, before taxes
2 People
$86,523
annual household income, before taxes
3 People
$97,540
annual household income, before taxes
4 People
$114,761
annual household income, before taxes
+$11,100 for each person beyond four
Source: U.S. Trustee Program (Census Bureau data). Updated periodically.
Below the number for your household? You likely pass — confirm it in two minutes →
The Process
How the Means Test Works
Compare your income to the median
Add up the gross income your household received during the six full calendar months before filing, divide by six, and multiply by twelve. If that annualized figure is at or below the Florida median for your household size, you pass — no further math required.
Over? Subtract your real expenses
Earning more than the median does NOT disqualify you. The second part of the test (Form 122A-2) subtracts your actual cost of living from your income. Many above-median families still qualify after deducting:
- IRS standards for food, clothing, and household essentials
- Housing, utilities, and vehicles in Miami-Dade County
- Health insurance, childcare, and care for family members
- Mortgage and car loan payments
- Taxes, payroll deductions, and court-ordered support
The Fine Print
What Counts as Income — and What Doesn’t
Counted
- Wages, tips, bonuses, overtime, and commissions
- Business or self-employment income
- Rental income (after expenses)
- Interest, dividends, and royalties
- Unemployment, pension, and retirement income
- Alimony or child support you receive
- Regular contributions from others — including a non-filing spouse
Never counted
Some money never enters the calculation:
- Social Security benefits — retirement and disability
- Payments to victims of war crimes or terrorism
This is exactly why many retirees and disabled Floridians pass the means test easily — even when their bank statements look "too high" at first glance.
Exceptions
Who Skips the Means Test Entirely
Business debts
If your debts are primarily business debts rather than consumer debts, the means test does not apply at all.
Disabled veterans
Certain disabled veterans are exempt when the debts were incurred primarily during active duty.
National Guard & Reserves
Members called to active duty after September 11, 2001 may be temporarily exempt from the test.
We review every case for these exceptions — they are easy to miss and can change everything.
Plan B
Don’t Pass? Chapter 13 Is Still Open
Failing the means test closes one door, not all of them. Chapter 13 is available regardless of income: it consolidates your debt into one court-supervised payment plan over three to five years, stops foreclosure, and lets you keep your home and cars.
For over 35 years, the Law Offices of Patrick L. Cordero has guided Miami families through both chapters — with the current numbers, every allowable deduction, and every exception checked.
Learn About Chapter 13
Common Questions
Means Test Questions, Answered
What is the bankruptcy means test?
It is the income screen federal law requires for Chapter 7. It compares your household’s income over the last six months to the median income in Florida for a household of your size. Below the median, you qualify; above it, a second calculation subtracts your real expenses to decide.
How much income is too much for Chapter 7 in Florida?
For cases filed on or after July 15, 2026, the annual limits are $69,876 for one person, $86,523 for two, $97,540 for three, and $114,761 for four, plus $11,100 for each additional person. Going over does not automatically disqualify you — the full test deducts your real expenses.
Does Social Security count as income on the means test?
No. Social Security benefits — both retirement and disability — are excluded from the means test by law. Many Florida retirees pass the test for exactly this reason.
Do I include my spouse’s income if they are not filing?
Generally yes: if you are married and living together, your spouse’s income counts even if only you file. However, the portion your spouse does not contribute to household expenses may be deducted — an attorney can apply this "marital adjustment" correctly.
Which months of income does the test look at?
The six full calendar months before the month you file. For example, filing in August means the test looks at February 1 through July 31. Timing your filing can change the outcome — sometimes waiting a month makes the difference.
What happens if I fail the means test?
You still have options. The full test deducts real expenses like your mortgage, cars, health insurance, and taxes — many above-median clients still qualify. And if Chapter 7 is unavailable, Chapter 13 consolidates your debts into one affordable payment regardless of income.
Do You Pass? Find Out in Two Minutes
Our calculator uses the official 2026 Florida limits. Free, anonymous, and in plain language — and your result comes with clear next steps.
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Florida Means Test Calculator
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Chapter 7 Bankruptcy
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Available regardless of income — one court-supervised plan that protects your assets.